§407.50.2. Administration of auto-injectable epinephrine; definition; conditions; exceptions

            A. Notwithstanding any provision of law to the contrary, the head of each early learning center shall adopt a policy authorizing a trained early learning center employee to administer auto-injectable epinephrine, as defined in Paragraph (B)(3) of this Section, to a child who the trained early learning center employee, in good faith, professionally believes is having an anaphylactic reaction, whether or not such child has a prescription for epinephrine. At least one employee at each early learning center shall receive training from a registered nurse, a licensed medical physician, a child care health consultant, anaphylaxis training organization, or any other entity approved by the Louisiana Department of Health in the administration of auto-injectable epinephrine. Such training may be considered continuing education and be applied to the early learning center's annual continuing education requirements. The trained employee may administer the auto-injectable epinephrine to respond to a child's anaphylactic reaction under a standing protocol from a physician licensed to practice medicine in the state.

            B.(1) Each early learning center may maintain a supply of auto-injectable epinephrine at the center in a secure and easily accessible location. A healthcare professional authorized to prescribe medications may prescribe epinephrine auto-injectors in the name of the early learning center to be maintained for use when deemed necessary pursuant to the provisions of this Section.

            (2) Each early learning center shall distribute the policy required by this Section to all parents or other legal guardians.

            (3)(a) For the purposes of this Section, "auto-injectable epinephrine" means a medical device for the immediate self-administration or assisted-administration of epinephrine by or to a person at risk for anaphylaxis.

            (b) For the purposes of this Section, an anaphylaxis training organization is a nationally recognized organization that provides anaphylaxis education or a training program whose leadership includes a physician authorized to practice medicine and surgery or osteopathic medicine and surgery and who is board-certified in allergy and immunology as that designation is issued by a medical specialty certifying board recognized by the American Board of Medical Specialties or American Osteopathic Association.

            C. The following are not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with epinephrine training, unless the act or omission constitutes willful or wanton misconduct:

            (1) A licensed early learning center.

            (2) An employee of a licensed early learning center.

            (3) A licensed health professional authorized to prescribe drugs who personally furnishes or prescribes epinephrine auto-injectors to or consults with an early learning center.

            (4) An anaphylaxis training organization and its personnel.

            Acts 2022, No. 335, §1.